No go
NBA players lose bid to play in Europe
Posted: Thursday December 31, 1998 12:37 AM
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Van Exel was one of three NBA players to unsuccessfully argue that the NBA was illegally placing conditions to play in Europe on them J.D. Cuban/Allsport |
HOUSTON (AP) -- A federal judge Wednesday refused to grant a temporary
restraining order to allow three NBA players to play the rest of the season
in Europe.
Nick Van
Exel of the Denver
Nuggets, Marcus Camby of
the New York Knicks
and Reggie
Slater of the Toronto Raptors had
sued the NBA and USA Basketball, accusing both entities failing to provide
them with unconditional letters of clearance that would allow them to
finish the season in Europe even if the lockout ended.
After a 3 1/2-hour hearing, U.S. District Judge Simeon Lake rejected the
players' bid but said they were entitled to arbitration. Union attorney
Jeffrey Kessler tried Wednesday night to contact arbitrator John Feerick,
dean of Fordham University law school, in an effort to have the case heard
Thursday or Friday.
"We welcome the opportunity," said agent James Bryant, who represents
all three players. "The problem has been until now there has been no remedy
anywhere. It's a victory to have the opportunity to present that."
Bryant said the NBA's attorney stipulated in open court that it would
accept an expedited hearing before Feerick, but league attorney Jeffrey
Mishkin said that was not true.
Feerick ruled against the union last summer on the issue of whether
owners would be forced to pay players with guaranteed contracts during the
lockout. Feerick also ruled in the controversial Latrell
Sprewell case.
Last week, a state court judge refused to grant the players an
injunction.
The case was moved to federal court after USA Basketball argued the
lawsuit raised issues covered by federal labor laws.
Jeffrey Mishkin, chief legal officer for the NBA, praised the judge's
decision and said the players had "no basis at all for this lawsuit."
"We have said repeatedly that NBA players are free during the lockout
to pursue other employment," Mishkin said. "But if and when the lockout
ends, they are required to fulfill the remaining terms of their existing
NBA contracts."
American players cannot play overseas without clearance from USA
Basketball, the governing body for basketball in the United States. The
organization and the NBA have said players may work overseas as long as
they adhere to their NBA contracts should the lockout end.
In their lawsuit, Van Exel, Camby and Slater argued that the
organizations were illegally placing conditions on them. They also insisted
that no European teams would hire them if there was a possibility they
might have to leave to return to the NBA.
All three players have one year left on their NBA contracts. The
athletes had said an immediate injunction was necessary because European
teams do not permit players to be added to the playoff roster after a
cutoff date that is rapidly approaching.
The NBA lockout has been in effect for almost six months, and the first
three months of the season have already been scrapped.
Commissioner David Stern says he'll recommend the entire season be
scrubbed if there's no agreement with players by January 7. Union director
Billy Hunter told players Wednesday that a new offer will soon be given to
the owners.
Copyright 2003 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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